Council Regulation (EC) No 140/2008 of 19 November 2007 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and the Republic of Montenegro, of the other part
Date: 2007-11-19
Institutions: Council of the European Union
Subjects: European Community, Montenegro, association agreement (EU), economic stabilisation, interim agreement (EU), market stabilisation

19.2.2008

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 140/2008

of 19 November 2007

on certain procedures for applying the Stabilisation and Association Agreement between the
European Communities and their Member States, of
the one part, and the Republic of
Montenegro, of the other part, and for applying the Interim Agreement between the European
Community, of the one part, and the Republic of Montenegro, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

should also apply to the implementation of the SAA
after its entry into force.

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

A Stabilisation and Association Agreement between the
European Communities and their Member States, of the
one part, and the Republic of Montenegro, of the other
part,
(hereinafter referred to as SAA) was signed on
15 October 2007. The SAA is in the process of being
ratified.

On 15 October 2007 the Council concluded an Interim
Agreement on trade and trade-related matters between
the one part, and the
the European Community, of
Republic of Montenegro, of the other part, (hereinafter
referred to as the Interim Agreement) which provides for
the early entry into force of the trade and trade-related
provisions of the SAA. The Interim Agreement is to enter
into force on the first day of the second month following
the date on which the Parties notify each other that their
respective approval procedures have been completed.

(3)

It is necessary to lay down the procedures for applying
certain provisions of the Interim Agreement. Since the
trade and trade-related provisions of these instruments
this Regulation
are to a very large extent

identical,

(4)

The SAA and the Interim Agreement
stipulate that
fishery products originating in Montenegro may be
imported into the Community at a reduced customs
It is therefore
duty, within the limits of tariff quotas.
necessary
the
regulating
management of these tariff quotas.

to lay down provisions

(5) Where trade defence measures become necessary, they
should be adopted in accordance with the general
provisions laid down in Council Regulation (EC) No
3285/94 of 22 December 1994 on the common rules
for imports (1), Council Regulation (EEC) No 2603/69 of
20 December 1969 establishing common rules
for
exports (2), Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped
imports from countries not members of the European
Community (3) or, as the case may be, Council Regu-
lation (EC) No 2026/97 of 6 October 1997 on
protection against
subsidised imports from countries
not members of the European Community (4).

cooperation,

(6) Where a Member State provides the Commission with
information on a possible fraud or failure to provide
administrative
relevant Community
legislation shall apply,
in particular Council Regulation
(EC) No 515/97 of 13 March 1997 on mutual assistance
between the administrative authorities of the Member
States and cooperation between the latter and the
Commission to ensure the correct application of
the
law on customs and agricultural matters (5).

the

(1) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu-

lation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).

(2) OJ L 324, 27.12.1969, p. 25. Regulation as last amended by Regu-

lation (EEC) No 3918/91 (OJ L 372, 31.12.1991, p. 31).

(3) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(4) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(5) OJ L 82, 22.3.1997, p. 1. Regulation as amended by Regulation (EC)

No 807/2003 (OJ L 122, 16.5.2003, p. 36).

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(7)

(8)

For the purposes of implementing the relevant provisions
of this Regulation the Commission should be assisted by
the Customs Code Committee established by Council
Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (1).

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2),

Article 4

Technical adaptations

to the provisions
Amendments and technical adaptations
to this Regulation, rendered necessary by
adopted pursuant
changes to the Combined Nomenclature codes and to the
TARIC subdivisions or arising from the conclusion of new or
modified Agreements, Protocols, Exchanges of Letters or other
acts between the Community and the Republic of Montenegro,
shall be adopted in accordance with the management procedure
referred to in Article 12(2).

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down certain procedures for the adoption
of detailed rules for the implementation of certain provisions of
the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one
part, and the Republic of Montenegro, of the other part, (here-
inafter referred to as the SAA), and of the Interim Agreement
on trade and trade-related matters between the European
Community, of the one part, and the Republic of Montenegro,
of
the Interim
Agreement).

the other part

referred to as

(hereinafter

Article 2

Concessions for fish and fishery products

Detailed rules on the implementation of Article 14 of
the
the SAA,
Interim Agreement, and thereafter Article 29 of
concerning the tariff quotas for fish and fishery products,
shall be adopted by the Commission in accordance with the
management procedure referred to in Article 12(2) of this Regu-
lation.

Article 3

Tariff reductions

Subject to paragraph 2, rates of preferential duty shall be

1.
rounded down to the first decimal place.

2. Where the result of calculating the rate of the preferential
duty pursuant
to paragraph 1 is one of the following, the
preferential rate shall be considered a full exemption:

(a) 1 % or less in the case of ad valorem duties; or

(b) EUR 1 or less per individual amount in the specific duties.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Article 5

General safeguard clause

Without prejudice to Article 7, where the Community needs to
take a measure as provided for in Article 26 of the Interim
Agreement, and thereafter Article 41 of the SAA,
it shall be
adopted in accordance with the conditions and procedures laid
down in Regulation (EC) No 3285/94, unless otherwise
specified in Article 26 of the Interim Agreement, and thereafter
Article 41 of the SAA.

Article 6

Shortage clause

Without prejudice to Article 7, where the Community needs to
take a measure as provided for in Article 27 of the Interim
Agreement, and thereafter Article 42 of the SAA,
it shall be
adopted in accordance with the procedures laid down in Regu-
lation (EEC) No 2603/69.

Article 7

Exceptional and critical circumstances

Where exceptional and critical circumstances arise within the
Interim
meaning of Articles 26(5)(b)
Agreement, and thereafter Article 41(5)(b) and 42(4) of the
SAA,
the Commission may take immediate measures as
provided for in Articles 26 and 27 of the Interim Agreement,
and thereafter Article 41 and 42 of the SAA.

and 27(4) of

the

If the Commission receives a request from a Member State, it
shall take a decision thereon within five working days of receipt
of the request.

The Commission shall notify the Council of its decision.

Any Member State may refer the Commission’s decision to the
Council within 10 working days of receiving notification of the
decision.

The Council, acting by a qualified majority, may take a different
decision within two months.

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Article 8

Safeguard clause for agricultural and fishery products

1.
Notwithstanding the procedures provided for in Articles 5
and 6 of this Regulation, where the Community needs to take a
safeguard measure, as provided for in Article 26 of the Interim
Agreement and thereafter Article 41 of the SAA, concerning
agricultural and fishery products, the Commission shall, at the
request of a Member State or on its own initiative, decide upon
the necessary measures after, where applicable, having had
recourse to the referral procedure provided for in Article 26
of the Interim Agreement and thereafter Article 41 of the SAA.

If the Commission receives a request from a Member State, it
shall take a decision thereon:

(a) within three working days following the receipt of a request,
where the referral procedure provided for in Article 26 of
the Interim Agreement and thereafter Article 41 of the SAA
does not apply; or

(b) within three days of the end of the 30-day period referred
to in Article 26(5)(a) of
the Interim Agreement and
thereafter
in Article 41(5)(a) of
the SAA, where the
the
referral procedure provided for
in Article 26 of
Interim Agreement and thereafter Article 41 of the SAA
applies.

The Commission shall notify the Council of the measures it
decided.

Article 10

Competition

1.
In the event of a practice which may justify application by
the Community of the measures provided for in Article 38 of
the Interim Agreement, and thereafter Article 73 of the SAA,
the Commission shall, after examining the case, on its own
initiative or on the request of a Member State, decide whether
such practice is compatible with the Agreement.

The measures provided for in Article 38(10) of the interim
Agreement, and thereafter Article 73(10) of the SAA, shall be
adopted in the cases of aid in accordance with the procedures
laid down in Regulation (EC) No 2026/97 and,
in the other
cases,
in accordance with the procedure laid down in Article
133 of the Treaty.

2.
In the event of a practice which may cause measures to be
applied to the Community by the Republic of Montenegro on
the basis of Article 38 of the Interim Agreement, and thereafter
Article 73 of the SAA, the Commission shall, after examining
the case, decide whether the practice is compatible with the
principles set out in the Interim Agreement, and thereafter the
SAA. Where necessary, it shall take appropriate decisions on the
basis of criteria which result from the application of Articles 81,
82 and 87 of the Treaty.

Article 11

Fraud or failure to provide administrative cooperation

Where the Commission, on the basis of information provided
finds that the
by a Member State or on its own initiative,
conditions laid down in Article 31 of the Interim Agreement
and thereafter in Article 46 of the SAA are fulfilled,
it shall,
without undue delay:

(a)

inform the Council; and

2. Measures decided on by the Commission pursuant
to
paragraph 1 may be referred to the Council by any Member
State within three working days of the date on which they were
notified. The Council shall meet without delay. It may, acting by
qualified majority, amend or repeal the measures in question
within one month following the date on which they were
referred to the Council.

(b) notify the Interim Committee, and thereafter the Stabi-
lisation and Association Committee, of its finding together
with the objective information, and enter into consultations
within the Interim Committee, and thereafter the Stabi-
lisation and Association Committee.

Article 9

Dumping and subsidy

Any publication under Article 31(5) of the Interim Agreement,
and thereafter Article 46(5) of the SAA, shall be effected by the
Commission in the Official Journal of the European Union.

In the event of a practice which is liable to warrant application
by the Community of the measures provided for in Article
25(2) of the Interim Agreement, and thereafter Article 40(2)
of the SAA, the introduction of anti-dumping and/or counter-
vailing measures shall be decided upon in accordance with the
provisions
respectively, Regulation (EC) No
384/96 and/or Regulation (EC) No 2026/97.

laid down in,

The Commission may decide, in accordance with the advisory
procedure referred to in Article 12(3), to suspend temporarily
the relevant preferential treatment of the products as provided
for in Article 31(4) of the Interim Agreement, and thereafter
Article 46(4) of the SAA.

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Article 12

Committee

Article 13

Notification

1.
The Commission shall be assisted by the Customs Code
Committee set up by Article 248(a) of Regulation (EEC) No
2913/92.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

The Commission, acting on behalf of the Community, shall be
responsible for notification to the Interim Committee, and
thereafter the Stabilisation and Association Council and the
Stabilisation and Association Committee,
as
required by the Interim Agreement or the SAA.

respectively,

Article 14

Entry into force

3. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 November 2007.

For the Council
The President

L. AMADO